Brand Infringement: Definition, Types, Policies, Claims | BT Seller Academy
- What is Brand Infringement
- Marketplace Infringement Policy
- Infringement Policy Violation
- How to file Infringement
- Paytm, Snapdeal, Shopclues
1. Brand Infringement
1.1 What is Infringement ?
- Infringement refers to the unauthorized use of material by a third party that is protected under intellectual property law.
1.2 Types of Infringement
- Trademark Infringement : Trademark is a word, symbol or design, or a combination of same that a company uses to identify its goods or services and to distinguish them from other companies’ goods and services. Trademark laws exist to prevent customer confusion about the source of goods or services. Trademark infringement is the unauthorised (without permission) use of the identification mark, logo, or brand name of another seller.
- Copyright Infringement: Copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, etc. To receive copyright protection, a work of authorship must be created by an author, and must have some amount of creativity. Copyright infringement is the unauthorised use of the original expressions and ideas of another seller.
2. Marketplace Infringement Policy
Marketplaces follow an infringement policy against reports when the appropriate owner of the brand complains about other sellers misusing their brand name. Thanks to online tools, brands can now discover potential intellectual property infringement of competitors and enforce exclusive rights to their products and brand name. All violations are highlighted via infringement form for the marketplace to take the right action.
2.1 Anti-Counterfeiting Policy:
- Counterfeiting is an unlawful reproduction of a registered trademark—or a mark that is very similar to a registered trademark— in connection with the sale of a product that does not come from the trademark holder.
- Policy: Customers trust that they can always buy with confidence on Online Ecommerce Portals. Products offered for sale must be authentic. The sale of counterfeit products, including any products that have been illegally replicated, reproduced or manufactured, is strictly prohibited.
2.2 Intellectual Property Policy:
- Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
- Policy: Ecommerce portals are dedicated to providing customers with the widest selection of goods on Earth and to creating an amazing customer experience. Marketplaces do not allow listings that violate the intellectual property rights of brands or rights owners.
3. Infringement Policy Violation
Maintaining a trusted marketplace for buyers and sellers is the top priority for all E-Commerce Platforms. Marketplaces are constantly innovating on behalf of their customers to improve the services offered and the ways to monitor the marketplace.
When a policy violation has been identified, an appropriate immediate action is taken which may include suspending or terminating online-selling privileges and/or blacklisting of the selling-account.
Moreover, use of any illegal materials on online platforms will be in violation of the Terms and Conditions of the marketplace in which the seller is liable to face a legal action.
4. How to file an Infringement
See the process in the slideshow above to see how to file the infringement for:
- Snapdeal, Paytm, Shopclues